FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Anne Ward,

 

Complainant

 

against Docket #FIC 86-129

 

The New England Management Company,

 

Respondent July 23, 1986

 

The above-captioned matter was heard as a contested case on May 29, 1986, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.

 

After consideration of the entire record, the following facts are found:

 

1. By letter of complaint filed with the Commission on April 24, 1986 the complainant alleged that approximately two weeks earlier she had requested and been denied access to the contents of a file kept on her by Meridian Towers, an apartment complex for the elderly and disabled.

 

2. The respondent, which manages Meridian Towers, claims that it is not a public agency within the meaning of 1-18a(a), G.S. and is therefore not subject to the Freedom of Information Act.

 

3. The respondent manages a privately-owned apartment complex which supplies governmentally-subsidized housing for elderly and disabled persons. Tenants pay up to 30% of their income for rent and the remainder is paid by the United States Department of Housing and Urban Development.

 

4. It is found that the Connecticut Housing Finance Authority ("CHFA"), pursuant to Title 8 of the Connecticut General Statutes, monitors the respondent's activities as a management company, approves rental applications, conducts annual inspections of the rental units and of the development itself and processes the subsidy billings submitted by the respondent.

 

5. It is found that the respondent was neither created nor is it funded by a state or municipal governmental agency.

 

Docket #FIC 86-129 Page Two

 

6. Although there is significant regulation of the respondent by the CHFA, it is found that the respondent is not a public agency within the meaning of 1-18a(a), G.S.

 

7. It is concluded that the Commission lacks jurisdiction over the complainant's complaint.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

1. The complaint is hereby dismissed.

 

Approved by order of the Freedom of Information Commission at its regular meeting of July 23, 1986.

 

Karen J. Haggett

Clerk of the Commission